within the nsa programs we are seeing, a lot of checks have proven ineffective. traditionally, the fourth amendment sets up a warrant requirement. no warrant shall issue but on probable cause. the shift to a more universal collection mechanism requires the bypassing of that. whether that is true, the oak warrants issued -- bulk warrants issued through fisa courts or the data gathered outside any kind of warrant. but that model seems to be and in effect of way of overseeing ineffective way of overseeing. what is in effect it is the secrecy. one of the things that is stunning about the revelations and the scope of the programs is how far they have gone without any public discussion. also, in the context of the fisa courts, we have seen fisa judges saying, we are not the most effective check on this. we cannot evaluate the information resented to us in one-sided situations in a one- sided preceding where there is no adversary. he cannot supervise what is being done with our orders, what is being acted on, because we are just a court. the secrecy and adversarial natu